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The document ceased to be valid since  February 14, 2024 according to Item 3 of the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of December 11, 2023 No. 1584

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Ministry of Justice of Ukraine

August 8, 2012

No. 1339/21651

DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of July 12, 2012 No. 8

About approval of the Regulations on method, the size and conditions of provision by Fund of guaranteeing household deposits of financial support

(as amended on 08-10-2015)

According to Article 43, Item 13 of the Section X "Final and transitional provisions" of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits" of RESHILA:

1. Approve Regulations on method, the size and conditions of provision by Fund of guaranteeing household deposits of financial support it (is applied).

2. To provide to finance division together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

3. This decision becomes effective at the same time with the introduction in operation of the Law of Ukraine "About system of guaranteeing household deposits", but not earlier than day of official publication.

4. To department of public relations and the international organizations to provide placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after it to state registration.

Managing director Fondp of guaranteeing household deposits of Ukraine

O. I. Sharova

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of July 12, 2012 No. 8

Regulations on method, size and conditions of provision by Fund of guaranteeing household deposits of financial support

I. General provisions

1. This Provision is developed according to the Law of Ukraine "About system of guaranteeing household deposits" (further - the Law) and determines method, the size and conditions of provision of financial support from Fund of guaranteeing household deposits (further - Fund).

2. The financial support is provided to the accepting or transitional bank in case of conclusion of insolvent bank from the market by one of the following methods:

liquidation of bank with alienation in the course of liquidation of all or part of its assets and liabilities for benefit of the accepting bank;

alienation of all or parts of assets and liabilities of insolvent bank for benefit of the accepting bank with withdrawal of the banking license of insolvent bank and subsequent its liquidation;

creation and sale to the investor of transitional bank with transfer of assets and liabilities of insolvent bank to it and the subsequent liquidation of insolvent bank.

In case of realization of method of conclusion of bank from the market determined in Item of 1 part two of article 39 of the Law, the Fund can provide financial support to the accepting bank in case, the stipulated in Clause 42-1 Law taking into account the this provision regulations.

3. The financial support is provided by the following methods:

in the form of compensation for undertaken obligations;

in the form of loan on the terms of subordinated debt.

4. The financial support in the form of compensation for undertaken obligations is provided by Fund under condition if the amount of obligations of insolvent bank on household deposits within the amount of the guaranteed compensation, are transferred to the accepting or transitional bank, exceeds the amount of assets of insolvent bank, are transferred to advantage of such accepting or transitional bank.

5. The financial support in the form of loan on the terms of subordinated debt is provided by Fund under condition if the amount of obligations of insolvent bank on household deposits within the amount of the guaranteed compensation, are transferred to the accepting or transitional bank, is equal to the amount of assets of insolvent bank, are transferred to advantage of such accepting or transitional bank.

For the purposes of this provision the term "subordinated debt" is used in such value: the loan of money Fund granted the accepting or transitional bank based on the agreement on security by property for the term of at least five years and at the rate not below discount rate of the National Bank of Ukraine.

6. The financial support cannot be provided to any problem or insolvent bank or for benefit of members of such banks, to banks which can be referred to category of household deposits, insolvent according to the Technique of assessment of the financial stability of Fund of guaranteeing, approved by the decision of executive directorate of Fund of February 28, 2013 for No. 13, registered in the Ministry of Justice of Ukraine on March 25, 2013 for No. 482/23014, within the next 12 months.

II. Conditions and the amount of provision of financial support in the form of compensation for undertaken obligations

1. Compensation for undertaken obligations are means which can be provided by Fund to the accepting or transitional bank in the form of compensation of difference between the cost of the amount transferred to the accepting or transitional bank of obligations to investors within the amounts of the guaranteed compensation of means on deposits and cost of the assets transferred to the accepting or transitional bank.

In case of acceptance by executive directorate of Fund of the decision that the least costly method of conclusion of insolvent bank for Fund from the market is the method determined by Item of 1 part two of article 39 of the Law taking into account regulations of article 42-1 of the Law compensation for undertaken obligations are means which can be provided by Fund to the accepting bank in the form of compensation of difference between the cost of the amount transferred to the accepting bank of obligations to investors within the amounts of the guaranteed compensation of means on deposits and bonus level which shall be paid by the accepting bank.

2. The financial support in the form of compensation for undertaken obligations is provided by Fund:

to the accepting bank in case of conclusion of insolvent bank from the market by the method determined by Item of 1 part two of article 39 of the Law in case of implementation of Article 42-1 - the Law;

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